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Whether the divorce oral agreement is valid

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Whether the divorce oral agreement is valid


        

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  • 2024-06-24 14:00:56

    Consultation: I went through divorce with my husband, and made an oral agreement on the joint custody of my daughter over the phone. The agreement was drafted by him, but when he showed me the agreement, it turned out that the custody of his daughter belonged to him, and the maintenance fee was half of one person, which was different from the original intention of the oral agreement; I refused to sign this agreement and asked for the right of custody of my daughter to be restored to everyone in turn, but he refused and his attitude was still very bad; In this case, should I go to the court to sue for divorce? How should I handle the formalities? I have the same conditions as him. Everyone has the same income, no common property, and no real estate. He is a taxi driver. He has driven a taxi for three years, which is his first official career. Before that, he had been idle; I have worked in a state-owned enterprise for more than ten years. I am a regular employee, and my position is an intermediate technician; I am a junior college student, he is a junior high school student; My daughter is 3 years old this year. I usually work in three shifts, and take about 15 days off a month. When I take a break, my daughter is taken by me, and my grandmother is taken by me when I go to work; In this case, how many times do I win the custody of my daughter? Lawyer: If you want to go to the Civil Affairs Bureau for divorce registration, you must sign a written divorce agreement and keep a copy for the Civil Affairs Bureau. Therefore, if you do not agree with the other party's divorce conditions, you can also choose to sue for divorce. If you can prove that you are more favorable for raising children, On June 5, the People's Court of Yujiang County, Jiangxi Province, issued a first instance judgment on a divorce case filed for bigamy, in which Zhu Gang and Gui Ping were allowed to divorce, and Gui Ping compensated Zhu Gang with 6000 yuan. Zhu Gang and Gui Ping registered their marriage on January 12, 2001. Their feelings after marriage were generally Gui Ping filed a divorce lawsuit with the court in 2004, Since no evidence was provided that the couple's relationship had really broken up, the court ruled against divorce. After the court ruled against divorce, Zhu Gang and Gui Ping privately and verbally agreed to divorce in order to save time. Since then, the two parties have gone their separate ways. In 2004, Gui Ping said that she had divorced. After being introduced by others, she was engaged to Fan Hai in another village and held a "wedding" banquet. Since then, Guiping and Fan Hai lived together in the name of husband and wife and gave birth to a child in January. Zhu Gang sued for divorce and asked Guiping to pay 30000 yuan as compensation. The court of first instance held that Guiping had lived openly with Fan Hai in the name of husband and wife since 2004 without legally dissolving their marriage relationship with Zhu Gang, and had a child. Therefore, Guiping's act constituted bigamy, It is also one of the reasons for the breakdown of marriage
    1、 Gui Ping made the above judgment according to Article 32 and Article 46 of the Marriage Law on the basis that she was at fault

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